Lord Edward Coke1628 - to unlawfully kill any reasonable creature under the king's peace with malice aforethought.
1st element - murder
unlawful killing - will be questioned if it was lawful - Re A - separating conjoined twins.
2nd element - murder`
Reasonable creature - which means to be independent from the womb - Attorney General's reference, must also have brain activity - Malcherek v Steel
3rd element - murder
Under the king's peace - which is killing during the time of war - R v clegg - considered not during the time of war
MR for murder
Intention to kill/cause GBH
Where direct intent is not clear oblique intention is used -Matthews & Alleyne - asked did the D foresee death/serious harm as a virtual certainty and appreciate that fact?